bill on provisional admission during vaccine exemption requests

The text as introduced · 335 words

89R6415 TSS-D

By: Frank
H.B. No. 4587

A BILL TO BE ENTITLED

AN ACT

relating to the provisional admission to an elementary or secondary

school of students requesting certain immunization exemptions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 38.001, Education Code, is amended by

adding Subsection (c-2) to read as follows:

(c-2) Notwithstanding Subsection (a), an elementary or

secondary school shall provisionally admit a student who has not

obtained the immunizations required under this section or submitted

the affidavit described by Subsection (c)(1)(B) if the student or

the student's parent or guardian provides to the school's admitting

official documentation evidencing that a request to obtain the

affidavit has been submitted to the Department of State Health

Services under Section 161.0041, Health and Safety Code. The

Department of State Health Services shall adopt rules relating to

the provisional admission of a student under this subsection.

SECTION 2. Section 161.0041, Health and Safety Code, is

amended by amending Subsection (c) and adding Subsection (c-1) to

read as follows:

(c) A person claiming an exemption from a required

immunization under this section may only obtain the affidavit form

by submitting a [ written ] request for the affidavit form to the

department. The department shall allow a person to electronically

submit a request for the affidavit form through the department's

Internet website.

(c-1) The department shall develop and provide to each

person who submits a request for the affidavit form a standardized

receipt confirming submission of the request, regardless of whether

the request was submitted electronically, in person, or by mail or

fax.

SECTION 3. Section 38.001, Education Code, as amended by

this Act, applies beginning with the 2025-2026 school year.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.